Hyponex
2022-09-10 10:52:57
- #1
The notary is an absolute disaster, I’m going there Monday! After repeated insistence the priority notice of conveyance is there, the notary said we still need the clearance certificate from the tax office, before that there will be no payment request etc., the bank only wants a notary confirmation, and a document that the land charge was ordered by the notary (priority certificate??)! After I found out from the tax office that they have a mountain of work (as usual) and we can expect processing earliest in 4-6 weeks, that means we’d have to wait at least 8 weeks before we can even think about paying… probably even longer! Is that correct? Or is the procedure nonsense?
What kind of notary is that?
So you make the purchase contract, he reports to the tax office because of the real estate transfer tax, when you pay it has absolutely nothing to do with when the purchase price is to be paid.
You can agree on 15.08. that the house handover + payment is due on 30.09. (there should be at least 4 weeks in between) that often works, often there are a few more days of leeway, depending on how the notary handles things with the district court.
For the bank payment:
The bank needs either the registered land charge in the land register (which can also take a few weeks!) or a PRIORITY CERTIFICATE from the notary (it is nothing else than confirmation that the notary has done everything and has submitted the land charge order to the district court, so there is a confirmation from the district court + the notary for the bank, and that can be done in one business day!)
With the priority certificate, the bank payment can be made (even if you pay the real estate transfer tax only 4-8 weeks later!)
That’s the procedure:
- You sign the purchase contract at the notary
- The notary reports to the tax office (because of real estate transfer tax) + clarifies which encumbrances are still on the property + registers the priority notice of conveyance in the land register (you are "noted" as future owners but not yet entered as owners!)
- You sign the land charge order at the notary (even if it is only registered in the land register weeks later)
When the above points are clarified, the notary makes a purchase price notification:
- Then the money may be paid (here the seller should issue a corresponding confirmation to the notary, some only do so on request, which also causes a delay in the further process)
- Property is handed over to you
Then what sometimes happens weeks later:
- The tax office sends you the fees for the real estate transfer tax
You then have 4 weeks to pay that
Only when the real estate transfer tax is paid, does the tax office report to the notary:
Only then can the notary register you as the final "owner" in the land register at the district court
That is why this sometimes happens 3-6 months after the actual purchase at the notary, even if you have already been living in the property for months!
As confirmation you will receive the registration from the district court (the land charge registration will also be sent to you).